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| --- | --- | --- |
|  | 3.1.4. | Lessor has received every consent, approval or authorization of, and has given every notice to, each Governmental Authority having jurisdiction with respect to the execution, delivery or performance of this Amendment and the performance of the Lease, as amended by this Amendment, and each other Operative Agreement (including all monetary and other obligations hereunder) that is required for Lessor to execute and deliver this Amendment and each other document to which it is a party, and to perform the transactions contemplated hereby and thereby, and each such consent, approval or authorization is valid and effective and has not been revoked. |


 




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| --- | --- |
| 3.2 | Lessee's Representations and Warranties. Lessee hereby represents and warrants to Lessor as of the date of this Amendment that: |


 




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| --- | --- | --- |
|  | 3.2.1. | Lessee (i) is a corporation duly organized, validly existing and in good standing under the laws of the State of Minnesota, U.S.A. and (ii) has the requisite company power and authority to enter into and perform its obligations under this Amendment; |


 




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| --- | --- | --- |
|  | 3.2.2. | the execution and delivery by Lessee of this Amendment, the consummation by Lessee of the transactions contemplated herein and compliance with the terms and provisions hereof and thereof are within Lessee's corporate powers, do not and will not result in a violation of Lessee's charter, by-laws or other constitutional documents as currently in effect; |


 


 


Lease Amendment Number Five